WSSDA

Daily Legislative Update

by Dan Steele, WSSDA Director of Governmental Relations

For Wednesday, February 17, 2010

In the last few Updates, we have included some of the many rumors circulating about a release of a Senate 2010 Supplemental Operating Budget proposal. Although Senate budget-writers had originally planned on releasing their proposal this week, they are now publicly saying that Monday, Feb. 22, is the earliest they will be able to release their plan. We have also recently noted that Gov. Gregoire is preparing a tax package to present to the Legislature. Originally, the governor’s revenue plan was set to be released yesterday, but apparently it was not yet complete. Earlier today, however, she held a press conference to official unveil her proposal — more on that below.  

Before any tax plan can be approved, it must first garner a 2/3rds vote of the House and Senate — unless the Legislature first amends Initiative 960. That effort continues. Last week, the Senate adopted SB 6843 to suspend I-960’s tax-raising hurdles. Unfortunately, for the Senate, they adopted the wrong bill and had to go through the whole exercise again, this time adopting an amended SB 6130. On Saturday, the House Finance Committee held a very lengthy public hearing on the bill and ultimately passed it onto the full House. Last night, following the Legislature’s 5:00 pm “house of origin” cut-off, SB 6130 was brought to the House floor — and Republicans immediately moved to “indefinitely postpone” action on the bill. Almost every House member took time to support or oppose the motion and after over five hours of debate the motion was defeated. Following the defeat of the motion to set the bill down, it was moved to Second Reading and House members spent another 45 minutes addressing minority member amendments to SB 6130. Each was defeated, but with the hour growing late (nearing midnight), the Speaker promptly adjourned the session rather than moving the bill to Third Reading, making it eligible for debate and final passage. This morning, the House reconvened and moved the bill to Third Reading and, after another almost two hours of debate, recessed to allow members to head to public hearings in Committees. The full House is scheduled to reconvene and continue the final debate on SB 6130 at 8:00 pm this evening. At some unknown time later (presumably in the wee hours between Wednesday and Thursday) the bill is expected to be adopted. Because the House Finance Committee approved amendments to the bill, it has to return to the Senate, where beleaguered Senators will have to address the issue a third time.

With the stage nearly set for tax increases, the specific talk of tax packages will heat up. We’ve already seen revenue bills which would: close tax loopholes and eliminate tax exemptions; temporarily increase the state sales tax; increase the state estate tax on “high wage earners;” and extend the sales tax to candy and gum. Each plan has garnered some attention; however, none of the individual plans has had much movement. Attempting to push the issue and, in her words, “take leadership in the debate,” Gov. Gregoire earlier today held a press conference to discuss her proposed tax package. Her plan does not raise revenue from a single source. Instead it is a combination of a full list of individual taxes. If the full package of taxes was adopted, it is expected to raise approximately $605 million as follows:

  • Economic nexus (requiring out-of-state businesses to pay the same taxes that in-state competitors pay): $73.07 million
  • Addressing loopholes and abusive tax avoidance transactions: $11.6 million
  • HomeStreet Bank court case (first mortgage interest B&O deduction): $8.6 million
  • Repeal B&O tax for direct sellers (DOT foods): $3.7 million
  • Agrilink court case (preferred rate for processing meat): $4.08 million
  • Eliminate B&O exemption for bullion: $0.21 million
  • Clarify taxation of corporate boards of directors fees: $2.1 million
  • Suspend sales tax exemption for livestock nutrient management: $1.3 million
  • Repeal B&O tax credit for syrup tax paid: $7.7 million
  • MTCA/hazardous substance tax – rate increase to 2 percent: $148 million
  • Tax on bottled water sales @ 1 cent/oz at wholesale: $134.7 million
  • Carbonated beverages @ 5 cents/12 oz at wholesale: $93.6 million
  • Cigarette tax increase from $2.025/pack to $3.025: $88.8 million
  • Impose sales tax on candy and gum: $28 million

While much of the focus in the remaining 22 days of this 60-day session will soon turn to behind-the-scenes budget discussions, legislative committees returned to action today. Both the Senate Early Learning & K-12 Education Committee and the House Education Committee held public hearings with multiple bills.

This morning the Senate Early Learning & K-12 Education Committee held a public hearing on six bills: HB 3036, HB 1757, HB 2670, HB 2776, HB 2893 and HB 2759.

  • HB 3036 would clarify and expand public meeting and notice requirements before a school district may contract for nonvoter-approved debt.
  • HB 1757 would create a Small School District Contingency Fund to provide three-year loans to small school districts in financial distress.
  • HB 2670 would enhance school district levy bases by assuming Initiative 728 (Student Achievement) and Initiative 732 (educator COLAs) were fully implemented by the Legislature. The I-728/I-732 levy base enhancement currently in law is set to expire at the end of calendar year 2011; HB 2670 would extend this sunset to December 2017. The bill would also allow K-4 class size enhancement funding to continue to be counted in calculation of school district levy bases if the funding is eliminated.
  • HB 2776 would adopt new funding distribution formulas for K-12 education. This QEC-related bill would begin the implementation of last year’s HB 2261 (Basic Education finance reform) by attaching numerical values to allocations in the prototypical school funding formula.
  • HB 2893 would increase school district levy lids by four percent, increase Local Effort Assistance by two percent, and restore school district levy bases. The bill also includes a “reverse severability” clause, which declares that each section of the bill represents a comprehensive plan for addressing school levy laws such that if any section passed by the Legislature is invalidated or not signed into law, or if OSPI does not certify that full funding has been appropriated for the LEA rates in the bill, the entire act is null and void.
  • HB 2759 would exclude from school districts' levy bases state or federal allocations that are based on non-resident students enrolled in an online school program. This bill is intended to keep school districts from starting online school programs for financial motives, rather than for academic purposes.

The House Education Committee met this afternoon and held a public hearing on four bills: SB 6403, SB 6604, SB 6643 and SB 6696.

  • SB 6403 would expand the Building Bridges work group and assist with various activities to support school/family/community partnerships engaged in building K-12 dropout prevention, intervention, and reengagement systems.
  • SB 6604 would provide school districts with additional flexibility by repealing, suspending or amending a series of unfunded mandates. Included in this bill is language (Sections 14 and 15) that would change the membership structure of the Washington State School Directors’ Association by amending current law provisions which provide for automatic membership in WSSDA. OSPI, WASA and WEA joined us in arguing against the inclusion of this language and Committee members appeared to be receptive.
  • SB 6643 would allow second-class school districts to submit a condensed compliance report to OSPI, rather than submit individual compliance reports.
  • SB 6696 would make changes to educator preparation, educator evaluation and tenure, and establish a new education accountability system. This is the “omnibus” bill from the governor, OSPI and the State Board intended to implement education reforms to enhance Washington’s application for federal Race To The Top funds.

Finally, on Wednesday morning, Sen. Joe Zarelli introduced a bill to help drive the discussion on K-12 funding. SB 6858 is intended to provide for more ample, equitable and dependable state funding for public schools. According to Zarelli’s Budget Tidbits (Budget Brief #6), the bill, if adopted, would:

  • Restructure K-12 financing. A portion of the current school district local levy would be converted into the state property tax. The plan would reduce all school districts’ local levy authority by 12 percent and increase the state property tax levy by an equivalent amount. The state property tax levy — constitutionally dedicated to the support of common schools — would be increased by 88 cents in 2011, generating an estimated $828 million a year.
  • Fully fund school districts’ pupil transportation and operating costs. The increased state revenues would be used to fully fund the Quality Education Council’s recommendations on enhanced state funding.
  • Hold all school districts “harmless. The bill includes a “hold harmless” provision, requiring the state to appropriate sufficient funds to ensure no district receives total revenues that are less in the 2011-12 school year than the total revenue received in the prior year.

SB 6858 has been referred to the Senate Early Learning & K-12 Committee. Because it deals specifically with budget issues, the bill is technically exempt from the Legislature’s early cut-off deadlines; however, it is likely the bill, sponsored by a minority Republican, will not be heard this session. It does provide, along with the Iseminger Education Funding Plan, an excellent basis for discussion of a comprehensive funding plan for K-12 education.

WSSDA Legislative Report Index

WSSDA legislative reports are prepared by WSSDA's Governmental Relations staff team: Dan Steele (360.252.3010) and Sheila Chard (360.252.3011). We welcome your questions and comments. We also encourage school directors to keep in touch with their legislators on a regular basis. If you need contact information, visit the Legislature's District Lookup Tool. WSSDA also provides a number of links to key House and Senate committees.